Montana Code 42-2-408. Time and prerequisites for execution of relinquishment and consent to adoption — copy of preplacement evaluation — notarization
42-2-408. Time and prerequisites for execution of relinquishment and consent to adoption — copy of preplacement evaluation — notarization. (1) A parent whose consent to the adoption of a child is required may execute a relinquishment and consent to adoption only after the following criteria have been met:
Terms Used In Montana Code 42-2-408
- Adoption: means the act of creating the legal relationship between parent and child when it does not exist genetically. See Montana Code 42-1-103
- Adoptive parent: means an adult who has become the mother or father of a child through the legal process of adoption. See Montana Code 42-1-103
- Agency: means a child placement agency licensed by the state of Montana pursuant to Title 52, chapter 8, that is expressly empowered to place children preliminary to a possible adoption. See Montana Code 42-1-103
- Child: means any person under 18 years of age. See Montana Code 42-1-103
- Court: means a court of record in a competent jurisdiction and in Montana means a district court or a tribal court. See Montana Code 42-1-103
- Department: means the department of public health and human services, provided for in 2-15-2201. See Montana Code 42-1-103
- Direct parental placement adoption: means an adoption in which the parent of the child places the child with a prospective adoptive parent personally known and selected by the parent independent of an agency. See Montana Code 42-1-103
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Parent: means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated. See Montana Code 42-1-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Preplacement evaluation: means the home study process conducted by the department or a licensed child-placing agency that:
(a)assists a prospective adoptive parent or family to assess its own readiness to adopt; and
(b)assesses whether the prospective adoptive parent or family and home meet applicable standards. See Montana Code 42-1-103
- Relinquishment: means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to an agency or individual. See Montana Code 42-1-103
(a)the child has been born;
(b)not less than 72 hours have elapsed since the birth of the child;
(c)the parent has received adoptive decision support services in accordance with 42-2-409; and
(d)in a direct parental placement adoption:
(i)the parent has been informed that fees for any required counseling and legal fees are allowable expenses that may be paid by a prospective adoptive parent under 42-7-101, subject to the limitations set in 42-7-102;
(ii)if the parent is a minor, the parent has been represented by separate legal counsel; and
(iii)prior to the execution of the relinquishment, the parent has been provided a copy of the preplacement evaluation prepared pursuant to 42-3-204 pertaining to the prospective adoptive parent.
(2)A guardian may execute a relinquishment and consent to adopt at any time after being authorized by a court.
(3)The department or a licensed child-placing agency may execute a consent for the adoption at any time before or during the hearing on the petition for adoption.
(4)A child whose consent is required may execute a consent at any time before or during the hearing on the petition to adopt.
(5)Except as provided in this section, a relinquishment and consent to adopt must be a separate instrument executed before a notary public.
(6)If the person from whom a relinquishment and consent to adopt is required is a member of the armed services or is in prison, the relinquishment may be executed and acknowledged before any person authorized by law to administer oaths.